Affiliate Program Terms & Conditions (DentalSketching.com)

Effective date: [insert date]
These Affiliate Program Terms & Conditions (the “Terms”) govern participation in the DentalSketching.com Partners Affiliate Program (the “Program”).

(1) Scope

1. These Terms apply to all participants in the Program.

(2) Parties

2. In these Terms, “Company”, “we”, “us”, “our” means:

Jakub Hošek
Mokrá 1288/3, Praha 4, 149 00, Czech Republic
ID No. (IČ): 67994172
VAT No. (DIČ): CZ67994172
operating the brand and website DentalSketching.com (the “Website”).

3. In these Terms, “Affiliate”, “you”, “your” means the individual or organisation applying to and participating in the Program.

4. By registering for and participating in the Program, you agree to be bound by these Terms and enter into a binding agreement with us (the “Agreement”).

1. Definitions and Interpretation

1.1 In these Terms:

• “Business Day” means any day other than Saturday or Sunday that is not a public holiday in the Czech Republic.

• “Cancellations Policy” means our cancellations/refund policy available at https://dentalsketching.com/terms (or another URL we designate).

• “Commencement Date” means the date you accept these Terms (e.g., by registering for the Program).

• “Confidential Information” means any non-public information disclosed by one Party to the other in connection with the Program, including commercial, technical, financial, operational information, and the existence and terms of this Agreement, excluding information that (i) becomes public without breach, (ii) was lawfully known before disclosure, or (iii) is independently developed without use of Confidential Information.

• “Current Term” means the Term the Parties are in at any given time.

• “Direct Referral” means a sale of a Service Package to a customer who arrives at our Website via your unique tracked Affiliate Link and is tracked by our systems.

• “Intellectual Property Rights” means all rights in copyright, trademarks, patents, designs, database rights, know-how, domain names and similar rights in any jurisdiction.

• “Net Sales Revenue” means the amount actually received by us for a Service Package excluding VAT/sales taxes, payment processing fees, chargebacks, refunds, discounts/credits, and any amounts not collected due to fraud or non-payment.

• “Refund Period” means 14 days from the date of purchase (or such other period stated in the Cancellations Policy), during which a customer may withdraw and obtain a refund.

• “Registered Email Address” means your email address provided in your Registration Data.

• “Registration Data” means the information you provide when registering for the Program (including payment details and tax information).

• “Service Package” means courses, bundles and/or subscriptions offered on the Website.

• “Term” means the term of the Agreement as set out in Clause 17.

1.2 Headings are for convenience only and do not affect interpretation.

2. Enrolment in the Program

2.1 By enrolling, you agree to provide accurate and complete Registration Data and to keep it updated.

2.2 The Agreement becomes effective upon your acceptance of these Terms and our approval (if applicable). No hard-copy signed agreement will be provided.

2.3 We may review your promotional channels after you apply. We will inform you within 10 Business Days whether your application is approved. We may provide further instructions to help you commence marketing.

2.4 We may reject any application for any reason (without obligation to disclose reasons). Reasons include, but are not limited to, content that:
2.4.1 is unlawful, harmful, threatening, obscene, harassing, discriminatory, defamatory or otherwise objectionable;
2.4.2 facilitates or promotes violence, terrorism, or other criminal activity;
2.4.3 is sexually explicit; or
2.4.4 infringes or encourages infringement of Intellectual Property Rights.

3. Company / Affiliate Relationship

3.1 Nothing in these Terms creates a partnership, employment, agency, franchise, or joint venture.

3.2 You have no authority to bind us, enter into contracts, make representations or warranties on our behalf, or incur obligations for us.

4. Website Links and Tracking

4.1 Your Affiliate Dashboard contains your unique tracking link(s) and, where available, approved marketing materials (the “Affiliate Link” and “Creatives”).

4.2 The Affiliate Link and/or tracking code must be used as provided and must not be altered except where the Dashboard explicitly permits parameters. Failure to comply may result in no commission.

4.3 Creatives provided by us must not be modified without our prior written authorisation.

4.4 We reserve the right to require that you alter or remove any link placement or promotional method.

4.5 You are responsible for maintaining your links and ensuring they function.

4.6 No leads / limited data view. The Program provides sales attribution and revenue reporting only. We do not provide you with customer leads or customer contact lists. Dashboard data may be aggregated and/or pseudonymised and is provided solely to evidence attributed purchases and commissions.

5. Site Maintenance and Content

5.1 Each Party is responsible for maintaining and updating its own website(s) and promotional channels.

5.2 Neither Party may host any content that:
5.2.1 is unlawful, harmful, threatening, obscene, harassing, discriminatory, defamatory or otherwise objectionable;
5.2.2 facilitates or promotes violence, terrorism, or any other criminal activity;
5.2.3 is sexually explicit; or
5.2.4 infringes or encourages infringement of any Intellectual Property Rights.

5.3 Neither Party is obliged to pre-screen third-party content. If either Party provides written notice that content violates Clause 5.2, such content must be removed within 5 Business Days of receipt of the notice.

6. Display of Company Information

6.1 You may display pricing and information relating to our Service Packages, but you are responsible for keeping it accurate and up-to-date.

6.2 We may change pricing and product offerings at any time.

6.3 Your Responsibilities. You agree that:
6.3.1 You will provide accurate account, payment and tax information and keep it updated. We may request additional information about the websites/channels where you promote us and your promotional practices.
6.3.2 You will not create more than one Affiliate account.
6.3.3 You will act in good faith and refer genuine customers.
6.3.4 No self-referrals. You may not refer yourself, your own purchases, or purchases by entities you control, and you will not earn commission on such purchases.
6.3.5 You will not take actions intended to cause revenue loss to us (including improperly encouraging refunds/chargebacks).
6.3.6 You will not use unethical or misleading marketing practices.
6.3.7 You will not use or encourage the use of copyrighted or third-party material without proper licences.
6.3.8 You will not copy, alter or modify any Creatives, icons, buttons, banners, graphics, files or content contained in our links without prior written approval.
6.3.9 You will not use blackhat SEO/spam link building techniques.
6.3.10 You will not advertise on offensive, illegal, hateful, pornographic, or otherwise distasteful sites.
6.3.11 You will comply with all applicable laws.
6.3.12 If we detect a pattern of behaviour that, in our reasonable opinion, violates these Terms, we may suspend or terminate your Affiliate account and cancel outstanding commissions.

6.4 Prohibited advertising practices include, but are not limited to:
6.4.1 unsolicited email/spam or unauthorized placement of links in forums, message boards, etc.;
6.4.2 bidding on keywords containing DentalSketching or confusingly similar variations/misspellings in PPC without our prior approval; direct-linking to our Website in PPC where not approved;
6.4.3 using non-unique or copyright-infringing content to promote us;
6.4.4 traffic generated by pay-to-click/read, click exchanges, PPV advertising, pop-ups/unders, or similar methods;
6.4.5 cashbacks, rewards, or incentives to obtain a sale without our prior approval;
6.4.6 coupons/vouchers/discount codes without our prior approval;
6.4.7 using our brand in a way that harms our reputation;
6.4.8 cookie stuffing, iframes, or any technique that sets tracking without an actual user click;
6.4.9 link cloaking/masking to hide traffic sources;
6.4.10 using domains, company names, logos, trademarks, products or services that are confusingly similar to our brand without approval;
6.4.11 using confusingly similar third-party trademarks without authorisation.
6.4.12 We have sole discretion to determine whether a promotional method is appropriate.

7. Service Packages

We offer Service Packages (courses, bundles, subscriptions) on the Website. Your Dashboard may show eligible products and applicable commission rules.

8. Customer Referral Requirements

8.1 Any additional referral requirements may be published on the Website (including within the Program/Dashboard). You must comply with them as updated from time to time.

8.2 Where reasonably practicable, we will provide 10 Business Days’ notice of material changes.

9. Orders

9.1 We will use reasonable endeavours to process orders from Direct Referrals.

9.2 We may reject orders that do not comply with these Terms or are suspected to be fraudulent.

9.3 We are responsible for payment processing, cancellations, refunds and customer support. You have no authority to act on behalf of customers or us in relation to transactions.

10. Affiliate Sales Reporting

10.1 Subject to technical limitations, we will track:
10.1.1 origin;
10.1.2 Service Package selected; and
10.1.3 revenue generated.

10.2 Reports will be available in your Dashboard. We may change the form and content of reports.

10.3 No guarantee of tracking. Tracking may be affected by ad blockers, browser privacy settings, device changes, deleted cookies, network restrictions, or platform limitations. If a customer cannot be tracked to your Affiliate Link, no commission is payable.

11. Commission and Referral Fees

11.1 You will be paid commission on Net Sales Revenue for sales attributed to your Affiliate Link, in accordance with this Clause 11.

11.2 Commission Rates (tiered)

11.2.1 Base Rate (current calendar year): You will earn a commission of 20% of Net Sales Revenue on Direct Referrals generated through your Affiliate Link during the current calendar year. This applies to annual Net Sales Revenue in the range €0–€19,999.

11.2.2 Tier upgrade to 25% (next calendar year): If your annual Net Sales Revenue generated through your Affiliate Link is €20,000 or more in a given calendar year (as recorded in your Affiliate Dashboard and subject to Clauses 11.4–11.8 regarding refunds/chargebacks/fraud), your Commission Rate will be increased to 25% for the next calendar year.

11.2.3 Tier upgrade to 33% (next calendar year): If your annual Net Sales Revenue generated through your Affiliate Link is €50,000 or more in a given calendar year (as recorded in your Affiliate Dashboard and subject to Clauses 11.4–11.8), your Commission Rate will be increased to 33% for the next calendar year.

11.2.4 Highest tier applies: Where multiple thresholds are met, only the highest applicable tier applies for the next calendar year (i.e., 33% overrides 25%).

11.2.5 Recalculation: Tier status is recalculated at the end of each calendar year based on the immediately preceding calendar year’s Net Sales Revenue generated through your Affiliate Link.

11.3 Attribution window (cookies): Unless stated otherwise in your Dashboard settings, a Direct Referral is attributed for up to 30 days after the most recent Direct Referral click for a customer, or until cookies expire/are deleted (whichever occurs earlier).

11.4 When commission is earned: Commission is deemed earned only when (i) we have received payment in full from the customer and (ii) the transaction has not been refunded, charged back, reversed, or deemed fraudulent during the applicable Refund Period and any additional reasonable verification period used to detect fraud. For the avoidance of doubt, no commission is payable on any refunded transaction (including withdrawals within the 14-day Refund Period).

11.5 Pending period / delay: Commission will be shown as “pending” for at least the duration of the Refund Period, i.e. for 14 days after the order is completed, and may remain pending longer where reasonably necessary for payment confirmation, fraud checks, chargeback risk, or technical reconciliation.

11.6 Payout schedule and minimum payout: Commission payouts are scheduled for the 20th day of each calendar month and include only commissions that have cleared the pending period. The minimum payout amount is €100 (or equivalent). Amounts below the minimum roll over to the next payout cycle.

11.7 Payment method (bank transfer): Payments will be made by bank transfer to the bank account provided in your Registration Data. You are responsible for ensuring that all payment details are accurate and complete (including IBAN/SWIFT/BIC where applicable).

11.8 Bank fees and deductions: You acknowledge that intermediary bank fees, correspondent bank charges, and/or receiving bank fees may apply depending on region and bank policies, and may be deducted so that the amount receivedby you is less than the gross payout amount. We are not responsible for third-party bank fees charged outside our control. Where feasible, we may deduct known transfer fees from the payout amount, or banks may deduct fees in transit.

11.9 Set-off / clawback: If a refund, chargeback, reversal or fraud occurs after commission has been credited or paid, we may deduct the related commission from future payouts and/or require repayment.

11.10 Taxes: You are solely responsible for declaring and paying any taxes on commissions you earn. We may require tax information and/or an invoice/receipt where applicable.

11.11 Changes to commission rates: We may modify Commission Rates or Program rules by providing at least 10 Business Days’ notice where reasonably practicable. You may opt out during the notice period; any earned commissions remain payable subject to Clauses 11.4–11.9 and the minimum payout rule.

12. Trade Marks

12.1 We grant you a non-exclusive, non-transferable, revocable, royalty-free licence to use our logos and trademarks solely to promote the Website under these Terms.

12.2 You may use our trademarks only as needed to create links and perform your obligations.

12.3 Any other use requires our prior written consent.

12.4 All goodwill arising from your use of our trademarks accrues to us. You must not challenge our rights in our trademarks.

13. Intellectual Property

13.1 We own all Intellectual Property Rights in the Website and its content unless expressly stated otherwise.

13.2 We own Intellectual Property Rights in updates, additions and alterations to the Website.

14. Affiliate Warranties and Indemnity

14.1 You warrant that:
14.1.1 your promotional content is lawful and not objectionable or infringing;
14.1.2 your website/channels will remain reasonably functional (subject to maintenance and third-party restrictions);
14.1.3 you have all necessary consents/approvals;
14.1.4 your obligations under these Terms are valid and binding;
14.1.5 you will not conduct unsolicited bulk email or other spam practices referring to us.

14.2 You agree to indemnify us against all losses, damages, costs and expenses (including reasonable legal fees) arising from:
14.2.1 your breach of warranties or obligations;
14.2.2 claims that your content infringes any rights;
14.2.3 your acts or omissions in connection with the Program.

15. Disclaimers

15.1 The Website and Program are provided “as is” to the fullest extent permitted by law. We do not guarantee uninterrupted operation, compatibility, security, or specific results.

15.2 We do not guarantee any minimum level of commissions or income.

16. Liability

16.1 To the fullest extent permitted by law, neither Party shall be liable for indirect or consequential loss.

16.2 To the fullest extent permitted by law, our total aggregate liability to you under or in connection with the Agreement (contract, tort, negligence, misrepresentation, etc.) shall be limited to the total commissions actually paid to you in the 12 months preceding the event giving rise to the claim, or €100, whichever is higher.

16.3 Nothing limits liability for fraud, wilful misconduct, or for death/personal injury caused by negligence where limitation is prohibited.

17. Term and Termination

17.1 The Agreement starts on the Commencement Date and continues for 12 months (the “Initial Term”). It renews automatically for successive 12-month periods (each a “Renewal Term”) unless terminated under this Clause.

17.2 Either Party may terminate by giving 10 Business Days’ written notice:
17.2.1 if the other Party commits a material breach not remedied within 10 Business Days after written notice; or
17.2.2 upon insolvency/cessation events or analogous processes.

17.3 Either Party may terminate at the end of the Current Term for any reason by giving notice at least 10 Business Daysbefore the end of the Current Term.

17.4 Upon termination, you must remove Affiliate Links and stop using our trademarks and Creatives.

17.5 All licences granted to you under these Terms terminate upon termination.

17.6 If we terminate due to your material breach, fraud, prohibited traffic, or non-compliance, we may withhold or cancel unpaid commissions reasonably associated with such breach, and/or apply Clause 11.9.

18. Confidentiality

18.1 Each Party must keep the other Party’s Confidential Information secret and use it only to perform obligations under the Agreement.

18.2 These obligations do not apply to information that is public without breach, already lawfully known, or independently developed.

18.3 On termination, you must return or delete Confidential Information on request.

19. Force Majeure

Neither Party is liable for failure or delay due to events beyond reasonable control (including power failure, ISP failure, industrial action, civil unrest, fire, flood, war, terrorism, governmental action).

20. Severance

If any provision is unlawful, invalid, or unenforceable, it will be severed and the remainder will remain in force.

21. Notices

Notices must be in writing and may be sent by email to the other Party’s Registered Email Address (and/or via Dashboard messaging if enabled).

22. Entire Agreement and Changes

22.1 These Terms constitute the entire agreement between the Parties regarding the Program and supersede all prior communications and understandings.

22.2 We may update these Terms by publishing a revised version on the Website and/or within the Dashboard. Where reasonably practicable, we will provide at least 10 Business Days’ notice of material changes. Continued participation after the effective date constitutes acceptance.

23. General

23.1 No waiver: failure to enforce a provision is not a waiver.

23.2 Non-exclusivity: the relationship is non-exclusive.

23.3 Non-assignment: you may not assign your rights or obligations without our prior written consent.

24. Governing Law and Jurisdiction

24.1 This Agreement is governed by the laws of the Czech Republic.

24.2 Any dispute arising out of or in connection with this Agreement shall be submitted to the courts of Prague, Czech Republic, unless mandatory law provides otherwise.

Data Protection (GDPR / Privacy)

A. Each Party shall comply with applicable data protection laws (including GDPR where applicable).

B. Dashboard information is provided solely for commission reporting. You must not attempt to identify, contact, or profile customers based on Dashboard data.

C. If you process personal data in your own marketing (e.g., newsletter lists), you act as an independent data controller and are responsible for lawful basis, notices, and compliance.

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